An accident is always a nightmare, be it major or minor. Traumatic injury is one of those tragic incidents that one can suffer. It is currently one of the leading reasons for disability and death globally.
However, the good news is you can get compensation for all your damages, based on the accident’s severity. In the following discussion, we will talk about the average settlement for traumatic brain injury in Canada.
Before that, let’s know about traumatic brain injury, its types, and symptoms of TBI.
What is Meant by Traumatic Brain Injury?
Traumatic brain injury (TBI) is a severe brain injury due to a sudden accident or trauma that hampers the brain’s normal function or causes severe damage. This type of injury occurs when the head strikes something abruptly and violently or when something pierces the skull and makes its way into the brain tissue.
The TBI symptoms can range from mild to severe, varying from person to person based on the injury level. A person with a moderate TBI could experience a brief loss of consciousness, ranging from a few seconds or minutes.
On the other hand, a more severe traumatic brain injury may cause bleeding, tissue damage, bruises, and other physical harm to the brain, ultimately leading to long-term problems or even death.
Types of Traumatic Brain Injury
Traumatic brain damage can take up any one of the two primary forms, namely:
Closed brain injury
This type of brain injury does not penetrate the skull and causes no fracture. It can result from a strong brain movement inside the head, eventually causing bruises, and in a worse scenario, it can even destroy blood vessels and tissue. Sports falls and car accidents frequently result in closed brain injuries.
Penetrating brain injury
They are also referred to as open brain injuries. It is a form of wound that tends to happen when brain trauma is coupled with a crack in the skull. A bullet penetrating the skull is a good example of understanding the penetrating brain injury.
What are the Causes of Traumatic Brain Injury (TBI)?
Several common factors can cause brain injuries. One of the leading causes of brain injuries is a car accident or collision.
Such as the sudden stopping when a fast car abruptly presses the brakes can strike the passenger hard, ultimately injuring them very badly.
As a result, individuals experience intense pressure throughout their entire body and the brain. Though this injury may seem mild at first, later on, it may result in severe brain damage.
There are several other cases in which a traumatic brain injury can happen. The following is a list of some typical causes:
- Automobile accident
- Motorbike collision
- Bicycle collision
- Slip and fall
- Sports-related accidents
- ATV accidents
What are the Symptoms of Traumatic Brain Injury?
Traumatic brain injury can show various symptoms, varying from person to person. Some indications or symptoms may develop right away following the event, while others may appear after several days or weeks.
Here is a list of the most common symptoms of traumatic brain injury that victims typically experience:
- Always in confusion, even taking the simplest decisions
- Ineffective coordination
- Sound and Light Sensitivity
- Memory loss
- Sudden mood changes
- Having difficulty paying attention
If any of the symptoms mentioned above appear, visit the doctor as soon as possible. Otherwise, the situation can get worsen, eventually making it incurable.
What is the Average Settlement for Traumatic Brain Injury in Canada?
Personal injury law applies to traumatic brain injuries. A person who sustains injuries due to another person’s negligence is typically entitled to financial compensation.
This compensation includes both economic and non-economic losses. However, if additional information reveals misbehaviour, punitive damages may also be granted to the victim.
Some Economic and Non-economic damages cover includes:
- Healthcare bills
- Emotional trauma
- Pain and Suffering
- Reduced Consortium
- The price of medical or assistive equipment
- Future healthcare costs
- Income Loss
- Loss of future earning
- Physical injuries
- Rehabilitation Expenses
- Loss of any sensation or enjoyment
Moving on to the settlement usually depends on several variables. For extreme situations, the compensation will definitely be higher. Similarly, for mild injuries, the settlement will be quite minimal.
In other words, there is no fixed estimation. Instead, it all depends on the severity of the accident and the injury level.
The average settlement amount for traumatic brain injury in Canada ranges from $5,000 to $10,000. Based on the case, this may range from a few hundred thousand to over a million dollars.
Such as, for patients with moderate severity, a settlement is as high as $200,000. On the other hand, if the victim has physical impairments and needs lifetime care, the compensation can get up to $500,000 or more. However, when the injuries are mild, this amount may be as little as $1000.
Also Read: Concussion Settlement Amounts in Canada
Factors to Consider for Determining the Compensation of a Traumatic Brain Injury
Traumatic brain injury settlement instances differ from case to case, depending on their severity. The following factors play an ideal role in the compensation:
When it is evident that the defendant is to be blamed for an accident that results in traumatic brain damage, the compensation amount would be larger. However, the at-fault party may not make a reasonable offer if the fault is questioned.
To solve the issues, some countries have comparative and contributory negligence laws. For comparative negligence, the courts will assess the victim’s and defendant’s respective fault and thus will award damages accordingly.
In the case of contributory negligence law, the victim will not be compensated if they are even 1% at fault.
It might be a significant issue if several parties are involved in the accident. As with multiple parties, different insurance companies will also be involved. This, in return, may cause a direct impact on the settlement amount.
Identity of the Victim
The compensation amount may also be influenced by the victims’ age, place of employment, gender, medical history, and other factors.
The trial’s location
It has been observed in several cases that settlement amounts also get affected by the location. Such as, the settlement amounts are lower in urban regions. So, when the case goes to court, the lawyers keep this in mind.
Defendant’s outrageous behaviour
Although the victim is not granted punitive damages, you and your attorney can use this as a negotiating weapon when you meet with the defendant’s insurance company to settle the case.
What Type of Evidence is Needed in a Traumatic Brain Injury?
Having solid evidence always gives you an upper hand in winning, irrespective of the type of accident that caused your traumatic brain injury.
This includes the following proofs:
- Police report
- Medical diagnosis report
- Diagnosis of traumatic brain damage done by a medical professional
- Using an MRI or CT scanner to examine the wound
- A neuropsychologist’s assessment
- Obtaining expert witness testimony
- Any proof of potential medical treatment in the future
That’s all regarding the discussion on the average settlement for traumatic brain injury.
A brain injury tends to have severe consequences on one’s life. However, the compensation can work as a ray of hope for you and your family in these distressful situations.
However, since we are unfamiliar with all the legal terms, the ideal option is to hire an experienced lawyer as soon as possible following the accident. From doing all the paperwork to getting you the legal rights— they can work as a true saviour in this crisis.
Check out the below queries in case you have any confusion to clear up:
How Much Is My brain injury Claim Worth?
Usually, a compensation claim for a brain injury is calculated by considering several variables. Serious injuries will result in a higher settlement and vice-versa. A typical injury claim ranges from $5,000 to $10,000 or more, depending on the accident's severity. However, the compensation can reach millions of dollars if the accident results in a person's death.
Is brain injury a disability in Canada?
Yes, indeed. A traumatic brain injury ('TBI') qualifies you for long-term disability compensation. It is a severe and life-changing injury brought on by a sudden and violent blow to the head. And suffering from this injury can call the need for long-time intensive rehabilitation.
What is considered severe traumatic brain injury?
If a patient has been unconscious for six hours or more or had post-traumatic amnesia for at least 24 hours is considered a severe traumatic brain injury.
How long does it take to settle a brain injury case?
There is no exact timeframe on how much time it will take to settle a brain injury case. However, in general, it tends to take two years but may take longer if the defendant has a lifelong disability. A lawyer can help you make the process faster.
Does TBI get worse with age?
Yes, it may get worse with aging if not properly treated. Every brain injury is unique, and while many of the after-effects of a brain injury become better with time, some may remain and hinder recovery compared to the non-traumatic brain injury population.